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2020 (2) TMI 1227 - AT - Income TaxDifference in total income as against the returned income - no income has been declared on account of the other receipts shown in the 26 AS - difference in the income shown by the assessee and the income reflected as per 26 AS available with the income tax department - HELD THAT:- Addition on account of various amounts received by the assessee from M/s. Plug Power Energy India Private Limited through RTGS and not properly explained by the assessee before him. Apart from the above the AO also made addition u/s. 68 being the unexplained cash deposit in the bank account, made addition on account of interest on savings bank account and on IT refund and denied the claim of exemption u/s. 54 made by the assessee by filing a letter during the course of assessment proceedings. We find in appeal the Ld. CIT(A) dismissed the appeal filed by the assessee, the reasons of which have already been reproduced in the preceding paragraphs. A perusal of the AO’s order shows that there was very little compliance or no compliance before the AO to explain the various discrepancies. Even before the CIT(A) the assessee could not furnish any evidence to support the discrepancies of ₹ 2,72,484/- being the receipts on account salary/ professional receipts. We find the summon issued by the AO to the company was returned back unserved with the remark “company left”. Similarly the assessee also could not establish the nature, source and genuineness of the cash deposits in the bank account amounting to ₹ 8,43,000/-. The mere statement that he was running an imprest account for his employer and withdrawing money from this account to meet the required expenses and re-depositing the same as and when required for the business purposes was not substantiated with supporting details. Assessee also could not substantiate the non disclosure of such interest on savings bank account and interest on income tax refund. So far as the addition on account of long term capital gain and considering submission that despite enquiry conducted by the AO and obtaining confirmation from the society that assessee has sold a flat through registered sale deed dated 04.05.2011 to Mrs. Suvida Singh for consideration of ₹ 35 lacs, the AO wrongly determined the long term capital gain in the interest of justice we deem it proper to restore the issue to the file of the AO with a direction to grant one final opportunity to the assessee to file the relevant details with supporting evidence to the satisfaction of the AO to substantiate the discrepancies in the return filed vis a viz, the amount reflected in the 26 AS statement and the nature and source of various deposits both cheque/ cash / RTGS in the bank account of the assessee. The assessee is also hereby directed to substantiate the non disclosure of interest income on IT refund and SB account and the claim of deduction u/s. 54. The AO shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. We hold and direct accordingly. The grounds raised by the assessee are allowed for statistical purposes.
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